Fire Safety Act 1993 · 2020 Revised Edition · Part 2 · Fire Hazard in Premises
31. Fire hazard order
Feedback & supportLast amended by an amending law of 2013.
Where a fire hazard abatement notice is served on any person, and if —
fire hazard abatement notice
“fire hazard abatement notice” means a written notice issued by the Commissioner under section 28(1);
that person fails to comply with any of the requirements of the notice within the time specified in the notice; or
the fire hazard, although abated since the service of the notice, is, in the opinion of the Commissioner, likely to recur in or on the same premises,the Commissioner may make a complaint to a Magistrate’s Court and the Court hearing the complaint may grant or refuse to grant a fire hazard order.
A fire hazard order mentioned in subsection (1) may be —
fire hazard
“fire hazard” means any matter or circumstance which materially increases the likelihood of fire or the danger to life or property that would result from the outbreak of fire and includes —(a)any alteration to any building in contravention of any law relating to building works or fire safety works such as might render escape in the event of fire more difficult;(b)any removal from any building of any fire safety measure which was provided in such building in accordance with plans approved by the Commissioner under section 55;(c)any specified fire hazard; and(d)any other matter or circumstance which would materially hamper the Force in the discharge of its duties in the event of fire;
an abatement order, that is to say, an order which requires a person to comply with all or any of the requirements of a fire hazard abatement notice in connection with which the order is made, or otherwise to abate the fire hazard or to do what may be necessary to prevent the recurrence of the fire hazard within the period specified in the order;
a prohibition order, that is to say, an order which prohibits the use of any premises for such activities as are specified in the order which activities may materially increase the likelihood of fire or danger to life or property resulting from the outbreak of fire in or on the premises;
a closing order, that is to say, an order authorising the closure of any premises which are likely to be a danger to life or property in the event of fire; or
a combination of such orders.
An abatement order or a prohibition order must, if the person in respect of whom the order is made so requires or if the Magistrate’s Court making the order considers it desirable, specify the works to be executed by such person for the purpose of abating, or of preventing the recurrence of, the fire hazard to which the order relates.
A Magistrate’s Court, if satisfied that any premises in respect of which a prohibition order or a closing order granted under section 30(8) or this section is in force have been rendered suitable for the use specified in the order, may, on application by the Commissioner or the owner or occupier of the premises, declare that it is so satisfied and revoke the prohibition order or closing order.
premises
“premises” includes messuages, houses, buildings, lands, tenements, easements and hereditaments of any tenure, whether open or enclosed, whether built or not, whether public or private, and whether or not maintained under statutory authority;
Any person in respect of whom a fire hazard order is made who, without reasonable excuse, fails to comply with the order shall be guilty of an offence and shall be liable on conviction —
to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction; or
where the offence involves failure to comply with a closing order, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.
Without prejudice to subsection (5), where a fire hazard order has not been complied with, the Commissioner may abate the fire hazard and may do whatever may be necessary in the execution of the order, and may recover any expenses reasonably incurred thereby from the person against whom the order was made.[16
Commissioner
“Commissioner” means the Commissioner of Civil Defence appointed under section 6 of the Civil Defence Act 1986;